Mouskar and only the copy would have come back to the police with an acknowledgment of the receipt of the original endorsed on it. There have been a few instances of such transfers. The Court must then make up its own mind, not disregarding the judgment appealed from, but carefully weighing and considering it; and not shrinking from overruling it if on full consideration the Court comes to the conclusion that the judgment is wrong.

On the contrary, the return of both copies to the police would show that they had not been delivered to Dr. The report of the working of the quarry comes to me from the Manager there from time to time. 25(1)(c) of the Act has been established nor the State Government had afforded reasonable opportunity to the petitioner within the meaning of the second proviso to s. , are same for workers in the Cement Works as also the workers in the quarries. Provided that any sum paid by the insurer in or towards the discharge of any liability or any person which is covered by the policy by virtue only of this sub-section shall be recoverable by the insurer from that person.

But there may obviously be other circumstances, quite apart from manner and demeanour, Which may shew whether a statement is credible or notand these circumstances may warrant the Courtin differing from the Judge, even on a question offact turning on the credibility of witnesses whom the Court has not seen. Mouskar would not have given a formal reply to it stating that diabetic coma was the cause of death. 669 of probability against their story, but they are not witnesses of truth.

The bearer who was sent to deliver the letter was not called. I have to send statutory intimation to the authorities under the Mines Act regarding the quarries for working faces and other accidents etc. In normal course, as spoken to by police Inspector Kantak, who had written this letter, the original would have been retained at the office of Dr. 873 and Madhya Bharat Cotton Association Ltd. There is therefore no evidence whatever that the letters were actually delivered or what had actually happened.

" In the same judgment Lord Collins referred approvingly to the judgment delivered by Lindley, Master of the Rolls, in the Court of Appeal in the case of Coghlan v. The terms and conditions of service, for instance, T. Both the copy and the original were received back by Kantak. When, as often happens, much turns on the relative credibility of witnesses who have been examined and cross-examined before the Judge, the Court is sensible of the great advantage he has had in seeing and hearing them.

Bharucha v The Excise Commissioner and The Chief Commissioner, Ajmer and Others, [1954] INSC 2; [1954] S. 24,809 represented the estimated expenditure which had to be incurred by the appellant in discharging a liability which it had already undertaken under the terms of the deeds of sale of the lands in question and was an accrued liability which according to the mercantile system of accounting the appellant was entitled to debit in its books of account (1) (1958) 34 I.

Payments for compensation, maternity benefits, accidents, etc. It is often very difficult' to estimate correctly the relative credibility of witnesses from written depositions and when the question arises which witness is to be believed rather than another; and that question turns on manner and demeanour, the Court of Appeal always is, and must be, guided by the impression made on the Judge who saw the witnesses. Turning now to the facts of the present case, we find that the sum of Rs.

, in the quarry are made under my authority by the factory office and not by the Quarry Manager. Cumberland (1) which set out the limitations of the rule :- " even where the appeal turns on a question of fact, the Court of appeal has to bear in mind that its duty is to rehear the case, and the Court must reconsider the materials before the Judge with such other materials as it may have decided to admit. " Exhibits 1 to 26 filed on behalf of the management, which showed the working of the quarry and the 711 factory, supported the aforesaid evidence of Mr.

I as Manager of the Cement Marks make payments of royalties in in respect of limestones raised from the quarries. The foregoing discussion establishes that neither the necessary condition to enable the Government to take action under s. The staff and workers working in the quarries are transferable to the Cement Works according to the exigencies of the work and also vice versa. , leave, provident fund, gratuity, etc. Mouskar for if the letter had been deliver- ed, then there is no reason why Dr.

He would have had no difficulty in doing so because on the same day he sent the death certificate mentioning diabetic coma as the cause of death. " Almost the same view was expressed by Lord Thankerton in Watt (or Thomas) v. We got the application of the statutory provident fund rules extended to our department in the quarries also. Where a question of the fact has been tried by a Judge without a jury and there is no question if misdirection of himself by the Judge, an appellate (1)(1898) 1 Ch.